OTC Derivatives and CCPs
Herbert Smith Freehills LLP (News)
The regulatory response to the credit crisis is having a profound effect on derivative markets...
Nabarro (News)
Topics in this issue:
Practical steps following legal cutover
More on cultural change from the FCA
FSA confirms approach to temporary FCA product intervention rules
FCA publishes policy statement on payments to platform service providers and cash rebates to consumers
An update on EMIR
FSA sends firms classification letter in anticipation of switchover to twin peaks regulation
Extension of the special resolution and administration regimes
CRD IV and CRR texts adopted by the European Parliament
FCA publishes guidance on special member controls for RIEs and MTFs
EFG Private Bank fined £4.2m for AML controls failings
FCA censures money transfer company for breaches of Payment Services Regulations
Nabarro (News)
Banking & Finance analysis: With certain aspects of the Regulation on OTC derivatives, central counterparties and trade repositories (EU) 648/2012 now in force, Sam Robinson, senior associate at Nabarro who advises on UK and EU financial services law and regulation, considers the impact of the European Markets Infrastructure Regulation on the industry...
City and Financial (Event)
European Securities and Markets Authority (ESMA) (News)
Jonathan Faull is writing in relation to the regulatory technical standards set out in Articles 4(4) and 11(14) of Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories...
Allen and Overy LLP (News)
Following some uncertainty in early February 2013 in respect of whether the European Parliament would object to certain EMIR regulatory technical standards (RTS), the European Parliament finally accepted the six draft RTS and they entered into force on 15 March 2013...
Dechert LLP (News)
This update summarises current regulatory developments impacting the asset management sector in the UK and throughout the European Union...
DLA Piper (News)
The European Market Infrastructure Regulation (Regulation (EU) No 648/2012) has been in force since 16 August 2012, however, in the first few weeks of 2013, the detailed technical rules implementing the regulation were finalised and came into force on 15 March 2013...
Macfarlanes LLP (News)
Topics in this issue:
FCA focus on culture to tackle conduct failings
Regulations on European venture capital and social entrepreneurship funds
Single supervisory mechanism
Financial transaction tax
Investigating and prosecuting market manipulation
Regulation of retail structured products
International concern on lack of cross-border cooperation in OTC derivatives market
FCA bans provider payments to platforms
Bank for International Settlements (BIS) (News)
The BIS released OTC derivatives statistics at end-December 2012...
European Commission (News)
Topics in this issue:
Market Developments
Policy Developments
Structural Reform in the EU Banking Sector: Motivation, Scope and Consequences
Rationale and Developments in the Regulation of OTC Derivative Markets
SME's Credit Assessment Industry, Contribution to Stability and Growth
European Commission (News)
The principals of the authorities with responsibility for the regulation of the over-the-counter (OTC) derivatives markets in Australia, Brazil, the European Union, Hong Kong, Japan, Ontario, Quebec, Singapore, Switzerland and the United States, have held four meetings to discuss reform of the OTC derivatives market...
Macfarlanes LLP (News)
Topics in this issue:
CRD IV adopted by European Parliament
Exchange of multilateral tax information
MiFID II and MiFIR compromise texts
Supervision of money market funds
Implementation of OTC derivatives market reforms
IOSCO principles on financial market benchmarks
ESAs report on risks and vulnerabilities in the EU financial systems
FCA Mortgage Market Review Q&As
FCA censures and bans managing director of SIPP operator
Schulte Roth and Zabel LLP (News)
Regulators of several countries, including the United States Commodity Futures Trading Commission, have introduced or proposed rules requiring clearing of over-the-counter derivatives through central counterparties. Clearing requirements in turn affect margin requirements, which are one key mechanism used by parties to mitigate counterparty risk...
Financial Stability Board (FSB) (News)
FSB Chair Letter sent to the G20 Ministers and Governors; 15 April 2013...
HM Treasury (HMT) (News)
Letter to US Treasury Secretary Lew on cross-border OTC derivatives reform; 18 April 2013...
International Swaps and Derivatives Association (News)
ISDA welcomes the HMT Informal consultation on indirect clearing arrangements of 28 March 2013 and the intent to provide, so far as is possible, a protective framework for EMIR compliant indirect clearing constructs in the UK...
Herbert Smith Freehills LLP (News)
The Financial Stability Board has published its 5th six-monthly progress report on the implementation of over-the-counter derivatives market reforms...
PricewaterhouseCoopers (News)
In February 2013 PwC saw political agreement on the Capital Requirements Directive IV move closer, with an agreement to cap bonuses at 1:1 or 2:1 of base pay...
Financial Stability Board (FSB) (News)
The FSB published today its fifth six-monthly progress report on the implementation of over-the-counter (OTC) derivatives market reforms. This report takes stock of progress made by standard-setting bodies, national and regional authorities and market participants towards meeting the commitments made by G20 Leaders at the Pittsburgh 2009 Summit that all standardised OTC derivative contracts be traded on exchanges or electronic trading platforms, where appropriate, and cleared through central counterparties...
Financial Conduct Authority (FCA) (News)
Introduction to the EMIR technical standards; Barry King; OTC Derivatives & Post Trade Policy; 12 April 2013...
Financial Conduct Authority (FCA) (News)
The EMIR Reporting Technical Standards; Victoria Cooley; OTC Derivatives & Post Trade Policy; Financial Conduct Authority; 12 April 2013...
International Organization of Securities Commissions (IOSCO) (News)
The Committee on Payment and Settlement Systems and the IOSCO have published for public comment a consultative report entitled Authorities’ access to trade repository data. The purpose of the report is to provide guidance to trade repositories and authorities on the principles that should guide authorities’ access to data held in TRs for typical and non-typical data requests...
PricewaterhouseCoopers (News)
First compliance obligations for the European Markets and Infrastructure Regulation (Regulation (EU) No 648/2012) came into force on 15 March 2013...
Travers Smith LLP (News)
Topics in this issue:
State pension reform and the end of contracting-out
Draft Pensions Bill: other provisions
Pension protection levy
Scheme funding
Miscellaneous amendment regulations
VAT on fund management fees
GMP equalisation
Automatic enrolment
Same sex partners
Disclosure of information
HMRC
Pensions Regulator
OTC derivatives: EU EMIR regulation
Financial transaction tax
Parental leave
ABI code of conduct on retirement choices
Agreement on disclosure of charges
Macfarlanes LLP (News)
On 8 March 2013, the International Swaps and Derivatives Association, Inc. issued the ISDA 2013 EMIR NFC Representation Protocol (Protocol). This enables market participants to simultaneously amend multiple ISDA Master Agreements so as to facilitate compliance with the know-your-counterparty requirements of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories...
European Securities and Markets Authority (ESMA) (News)
Steven Maijoor, Chair of the ESMA, spoke on EMIR: A Fair Price for Safety and Transparency, at the EMIR conference in the Hague on 27 March 2013...
European Commission (News)
The European Commission has extended the scope of an investigation into credit default swaps to include the International Swaps and Derivatives Association, a professional organization of financial institutions involved in the over-the-counter trading of derivatives...
Financial Conduct Authority (FCA) (News)
Rules and guidance supporting the European Market Infrastructure Regulation (EMIR) and FCA’s powers under HM Treasury’s statutory instrument implementing EMIR…
European Commission (News)
The Regulation on OTC derivatives, central counterparties and trade repositories (EMIR Regulation (EU) No 648/2012) was adopted on 4 July 2012 and entered into force on 16 August 2012...
Herbert Smith Freehills LLP (News)
The International Swaps and Derivatives Association, Inc. has published its March 2013 EMIR Non-Financial Counterparty Representation Protocol and a Timely Confirmation Amendment Agreement...
Herbert Smith Freehills LLP (News)
The FSA has published final versions of notification forms for the purposes of the European Market Infrastructure Regulation (Regulation (EU) No 648/2012) for use by from 15 March 2013...
Orrick LLP (News)
Topics in this issue:
Financial Industry Developments
CFTC Announces the Start of Mandatory Clearing
CFTC Reminds Market Participants of Swap Data Reporting Requirements
Rating Agency Developments
Asset Management
SEC No Action Relief for Advisory Agreement Amendment Without Shareholder Approval
RMBS Litigation
DC Circuit Affirms Dismissal of MBIA's Claims Against FDIC in IndyMac Litigation
FHFA Files $165 Million Suit Against HSBC and Decision One
Massachusetts Regulator Fines Deutsche Bank Securities for CDO Conflict of Interest
European Financial Industry Developments
European Parliament Adopts at First Reading Proposed Regulations on European Venture
EMSA Publishes Guidance on Recognition of Third Country Central Counterparties (TC-CCPs) under EMIR
Former Futures Trader at JP Morgan Cazenove is Sentenced to 4 Years Imprisonment for Insider Dealing
Events
Solar Power Finance & Investments Summit 2013
CFTC Announces the Start of Mandatory Clearing
CFTC Reminds Market Participants of Swap Data Reporting Requirements
Rating Agency Developments
SEC No Action Relief for Advisory Agreement Amendment Without Shareholder Approval
DC Circuit Affirms Dismissal of MBIA's Claims Against FDIC in IndyMac Litigation
FHFA Files $165 Million Suit Against HSBC and Decision One
Massachusetts Regulator Fines Deutsche Bank Securities for CDO Conflict of Interest
European Parliament Adopts at First Reading Proposed Regulations on European Venture
EMSA Publishes Guidance on Recognition of Third Country Central Counterparties (TC-CCPs) under EMIR
Former Futures Trader at JP Morgan Cazenove is Sentenced to 4 Years Imprisonment for Insider Dealing
Solar Power Finance & Investments Summit 2013
European Securities and Markets Authority (ESMA) (News)
The purpose of this document is to promote common supervisory approaches and practices in the application of EMIR. It provides responses to questions posed by the general public, market participants and competent authorities in relation to the practical application of EMIR...
International Swaps and Derivatives Association (News)
ISDA response to Second Consultative Document: Margin Requirements For Non-Centrally-Cleared Derivatives...
European Securities and Markets Authority (ESMA) (News)
The Commission did not endorse ESMA’s original draft regulatory technical standards (RTS) on CCP colleges as required under Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR) . ESMA was given a period of six weeks to amend these draft RTS on the basis of the Commission’s proposed amendments and resubmit them to the Commission in the form of a formal opinion..
International Swaps and Derivatives Association (ISDA) (Event)
European Securities and Markets Authority (ESMA) (News)
This paper contains Guidelines and Recommendations as mandated under Article 54(4) of EMIR which requires ESMA to develop Guidelines and Recommendations with a view to establishing consistent, efficient and effective assessments of interoperability arrangements...
The European Fund and Asset Management Association (EFAMA) (News)
EFAMA thanks for the opportunity to submit evidence on the BCBS-IOSCO second consultative document on Margin requirements for non-centrally cleared derivatives...
International Swaps and Derivatives Association (News)
Explanation of the timely confirmation amendment agreement...
SNR Denton (News)
Topics in this issue:
Banking Reform Bill second reading
Treasury makes EMIR Regulations
Treasury makes FS Act consequential amendments
Treasury makes threshold conditions and PRA regulated activities orders
Treasury publishes banking reform drafts
Treasury consults further on AIFMD
FCA and PRA rules published
European Securities and Markets Authority (ESMA) (News)
The purpose of this note is to provide information on the recognition by ESMA of Third Country CCPs under Chapter 4 of Title III of Regulation (EU) No 648/2012 and Chapter II of Commission Delegated Regulation (EU) No 153/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 with regard to regulatory technical standards on requirements for central counterparties...
Fried Frank (News)
This memorandum outlines recent developments in the implementation of the EU regulation on OTC derivatives, central counterparties and trade repositories...
Legislation (UK) (News)
These Regulations implement certain Articles of Regulation (EU) 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories...
Nabarro (News)
There is an inescapable flow of new European legal and regulatory measures coming our way and which affect the real estate and funds sector. The Alternative Investment Fund Managers Directive introduces new regulation for managers of alternative investment funds (including real estate) and their funds...
International Swaps and Derivatives Association (News)
Letter on the interaction between the Other-Comprehensive-Income (OCI) treatment under Basel III and the proposed Fair Value Through OCI, 26 February 2013...
European Securities and Markets Authority (ESMA) (News)
Revised request for ESMA technical advice on the equivalence between certain third country legal and supervisory frameworks and the Regulation No 648/2012 on OTC derivatives, central counterparties and trade repositories...
SNR Denton (News)
Topics in this issue:
Presidency reaches banking agreement
No objections likely to AIFMD Level 2
EMIR Delegated Regulations published in OJEU
LIBOR Committee calls for administrator applications
Treasury makes second FS Act Commencement Order
FSA prepares for EMIR notifications
FSA updates on RRP
FSA updates on the move to PRA
European Commission (News)
Opinion 2013/C 60/01 of the European Central Bank of 27 November 2012 on various draft regulatory and implementing technical standards submitted by the European Securities and Markets Authority to the Commission supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories...
Legislation (UK) (News)
This Order identifies the directly applicable provisions of EU law which are specified as qualifying EU provisions and directly applicable EU provisions for the purposes of various provisions in the Financial Services and Markets Act 2000...
